Friday, November 7, 2014

Book Report: Unfair To Genius

Anyone who has been around the music business for any length
of time begins to assume that certain things are immutable and it shakes our
foundations when their existence is threatened.For example, the recent We may all grumble about these organizations
but it feels strange to look at a future where their relevance is diminished.Of course, in the grand scheme of things these are
relatively recent institutions. ASCAP was founded in 1914, BMI followed in
1939.The history of both
organizations-their early competition and their interaction with the US
Department of Justice is fascinating.

attacks on BMI, ASCAP and SESAC.

This is
just one reason why I recommend Gary A. Rosen's book Unfair to Genius (Oxford
2012).On the surface, the book is about
(as its subtitle states) "The Strange and Litigious Career of Ira B.
Arnstein."Arnstein was a
little-known Russian-born composer who with some sense of self-delusion and
bravado waged a one‑man war against some of the most famous composers of the
20th century (such as Irving Berlin and Cole Porter) together with their
publishers, as well as BMI and ASCAP.Arnstein
literally believed that everyone was either infringing upon his work or
conspiring to cover up the infringement. He filed countless lawsuits, many pro se, including one which counted 23
defendants.

From a
legal history standpoint, this book is compelling
in its exploration of the early history
of modern copyright infringement litigation in this country.That sounds like a dry premise but in
reality, many of the concepts that define copyright infringement litigation
were developed in these cases and in the judge’s opinions. The bonus is that the
book also chronicles the beginnings of the music publishing world as a big
business, shows in captivating detail the early rivalry between ASCAP and BMI
and brings such characters as Edward B. Marks, David Sarnoff, Judges Jerome
Frank and Learned Hand to life.One of
the most colorful characters in the book is Sigmund Spaeth a self-described
musical detective and a name I remember dimly from my childhood. Who knew that
he was the first celebrity expert witness?

I have yet
to read a better account of the music business in the early 20th century and
like all good histories, the book provides perspective to some of the current
problems facing the music industry.